Recovering compensation after a collision is challenging in normal accident, but more so in Uber or Lyft accidents. Our attorneys can review your insurance options after a rideshare accident and explain how best to cover your damages.
Whether you were the other driver or a passenger, no-fault insurance initially covers you. We can help you file a first-party claim with your or your driver’s insurance company. We can then turn to the rideshare driver’s commercial insurance to cover the gaps in your coverage. Uber and Lyft also offer coverage for accidents caused by on-duty drivers. However, we will gather medical records and bills so that we can file a lawsuit, which provides the best opportunity to cover all your damages.
For a free case review with our Uber and Lyft rideshare accident lawyers, call the Law Office of John J. Sheehan today at (617) 925-6407.
How the First-Party Insurance Process Works After an Uber or Lyft Accident in Haverhill
Massachusetts is a no-fault insurance state for car accidents. In a first-party insurance process, drivers and passengers in Haverhill accidents obtain their primary coverage for their injuries through the driver’s insurance policy.
If you were operating your own vehicle when a rideshare driver collided with you, your first step is to file a claim with your own PIP (personal injury protection) insurance provider.
If you were struck while walking or biking, the negligent driver’s first-party insurance should compensate you using their no-fault insurance.
No-fault insurance takes care of medical expenses and lost wages up to the limits of your policy, and you can recover this compensation without having to prove who caused them.
However, first-party benefits do not cover non-economic damages, such as pain and suffering. Our Uber and Lyft rideshare accident attorneys can help you explore other options to cover the damages that your PIP will not pay.
Uber and Lyft Insurance for a Rideshare Accident in Haverhill
Uber and Lyft drivers are required to have insurance that protects against accidents. They need to carry commercial driver’s insurance, which typically offers greater coverage than that of regular drivers.
Additionally, Uber and Lyft offer extra coverage for accidents involving their rideshare drivers. What coverage will apply to your case depends on the driver’s work status at the time of the crash.
When Rideshare Drivers Are Off Duty
When a rideshare driver is off duty and gets in a crash, the insurance process functions like a typical car accident case, meaning that the driver’s personal auto insurance is responsible for covering the accident, rather than their commercial insurance.
When Rideshare Drivers Are on Duty
Rideshare drivers are considered commercial drivers when they are actively on duty and providing rides, so they must carry commercial driver policies or some other type of specialized rideshare policy.
If the driver was online on the app when the accident happened but had not accepted a ride yet, Uber and Lyft have additional policies that can cover any gaps in the driver’s commercial insurance.
If a crash happens while the rideshare driver has a passenger or when they are on their way to pick someone up, the highest insurance policy should cover the accident. In such situations, insurance can provide coverage of up to $1 million per incident.
When Uber/Lyft Drivers Lack Insurance to Cover a Car Accident in Haverhill
However, if a rideshare driver does not have sufficient insurance, Uber or Lyft might refuse to offer their additional insurance coverage.
Still, your own insurance policy might include uninsured or underinsured motorist coverage that could protect you if the driver responsible for the accident does not have insurance.
Filing Third-Party Insurance Claims and Lawsuits for Uber/Lyft Rideshare Accidents in Haverhill
First-party PIP insurance is often not enough to cover a victim’s financial and non-monetary losses. To be fully covered, you will likely need to file a third-party claim or a lawsuit. However, you are more likely to get more than what insurance can cover by filing a lawsuit.
However, car crash victims can only file a third-party claim or lawsuit in Massachusetts if they suffered serious injuries or incurred over $2,000 in medical expenses under Mass. Gen. Laws Ch. 231, § 6D.
Serious injuries include fatalities, loss of hearing or vision, significant and permanent disfigurement, complete or partial loss of a limb, and broken bones. We can gather medical records to show that your injuries and expenses are serious enough to file a lawsuit.
Suing Uber and Lyft for a Rideshare Accident in Haverhill
Unfortunately, accident victims are often limited to suing only the drivers involved. Uber and Lyft hire their rideshare drivers as independent contractors, meaning that these companies typically cannot be held liable for their actions.
However, you can file a lawsuit against a rideshare company for certain acts, such as negligently hiring or retaining a dangerous driver.
Negotiating a Settlement for an Uber/Lyft Accident in Haverhill
It is perfectly normal to want to accept the first settlement offer you receive, but let our attorneys review it thoroughly before accepting it. If you accept an offer too soon, you cannot go back and might miss out on potential compensation.
Obtaining non-economic losses through settlements can be the most difficult aspect of settlement negotiations, but it is possible with our team’s help. When we decline an offer, we will provide a counteroffer. We will also clarify why you are entitled to a higher amount and why a trial might be a better option.
If the insurance company refuses to meet our demands, we will go to trial. At trial, we can present our evidence, including photos, witness testimony, and medical records, to the jury and argue why you deserve the compensation we are requesting.
Often times, insurance companies will settle at the last moment before trial, even in the courthouse sometimes. Most know that you stand to recover more if they let it go to court.
Call Our Uber and Lyft Rideshare Accident Lawyers in Haverhill Today for Help
Contact the Law Office of John J. Sheehan at (617) 925-6407 for your free case review with our Uber and Lyft rideshare accident attorneys.